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SIRIUS PAWZ OPCO LLC UNITED STATES OF AMERICA MINIMUM ADVERTISED PRICE POLICY

Effective Date: December 1, 2022

1.Purpose

There are certain advertising practices that undermine the reputation, brand, goodwill, and premium image of Sirius Pawz Opco LLC (“Pawz”) products with our target consumer retail population and discourage our sellers from investing in our products and providing the best possible service and support to customers. To protect the integrity of our brand, we are implementing this unilateral United States of America Minimum Advertised Price Policy (“Policy”), which applies to all authorized sellers (“Sellers”) of our products advertising to end user consumers in the United States. This Policy is effective 12/1/2022 and supersedes all of our prior policies or representations regarding minimum advertised prices or minimum resale prices for the Covered Products (as defined below) applicable to Sellers.

2.Covered Products

This Policy applies to advertisements of the Pawz products listed on the Pawz MAP Schedule (“Covered Products”), accessible at map policy.

The Pawz MAP Schedule will be made available to all sellers and may be amended by Pawz in its sole discretion at any time.

3.The Minimum Advertised Price

The “minimum advertised price” (“MAP”) is the lowest price at which the Covered Product may be advertised. We are solely responsible for (1) establishing the MAP for each Covered Product and (2) communicating the Policy to all Sellers (including via directing any distributors to pass down the Policy to their resellers). While Sellers remain free to advertise and sell all of our products (including the Covered Products) at any price, it is a violation of this Policy for a Seller to advertise any Covered Product at a price lower than the MAP.

4.Advertising and Advertisement

For purposes of this Policy, the terms “advertising” and “advertisement” include all promotional or pricing information of Covered Products displayed in any type of media, including, but not limited to:

  • newspapers
  • catalogs
  • magazines
  • flyers
  • brochures
  • television
  • radio ads
  • billboards
  • outdoor signage
  • websites
  • blogs
  • social media
  • affiliate marketing networks/comparison shopping engines
  • seller-initiated text messages or emails to customers or prospective customers
  • mobile/smart phone applications
  • banner ads
  • online product ads
  • paid search ads
  • pay-per-click ads
  • display ads
  • mobile ads
  • product listing ads
  • sponsored links
  • ads in any other media in a digital format that is conveyed via the Internet
  • any other marketing or promotional materials, whether displayed online, through broadcast, or other media

The terms “advertise” and “advertisement” do not include:

Signage displayed within a brick-and-mortar selling location;

Pricing information displayed only via access to a platform requiring a unique log in; or

Pricing information displayed at the Final Online Checkout Stage (which is when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information of a transaction). Please note that pricing information in the “shopping cart” or the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Seller’s own website.

5. Policy Violations and Permissible Promotions

Advertisements that violate this Policy include, but are not limited to:

  • Offering coupons, discounts, rebates, or other inducements that, when applied, result in an advertised price lower than the MAP, including through use of a storewide sale, category-wide sale, website-wide sale, promotional code, or other similar provision that can be applied to the Covered Products;
  • Strikeouts or strikethroughs of advertised pricing information, “see price in cart,” or other statements that suggest a lower price for a Covered Product may be found at the Final Online Checkout Stage; and
  • Direct or indirect attempts to circumvent this Policy.

It is not a violation to advertise the following, notwithstanding the prior prohibitions in Section 5:

  • Customer-Initiated Solicitations for Price: That a customer may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.
  • Free/Reduced Price Shipping: A free or reduced-price shipping advertisement as long as such offer applies to all or almost all other products offered by the Seller in the same product category.
  • Store-Wide/Site-Wide Promotions: Coupons or promotions which result in a Covered Product being advertised at a price lower than the MAP, provided the coupon or promotion (1) applies to all products offered by Seller or all products offered by Seller in the same category as the Covered Products; (2) does not specifically refer to Pawz, its brands, or the Covered Products; and (3) does not result in an advertised price of more than 30% below the Covered Product’s MAP; and (4) the advertisement does not calculate the application of the promotion or coupon to the advertised price for the Covered Product.

 

6. This Policy Is Not an Agreement and Is Non-Negotiable

This Policy is not an agreement between Sirius Pawz and any other entity. We do not seek and will not accept any promise of compliance with this Policy from any Seller or other party, and each Seller must independently choose whether to comply with this Policy. This Policy is not negotiable and will not be altered for any individual Seller.

7. MAP Holidays

We may announce MAP holidays or promotions that are applicable to all Sellers, during which periods a Seller that advertises a Covered Product in compliance with the terms of the MAP holiday will not be considered to have violated this Policy.

8. Noncompliance

We will take the following actions against any Seller that does not comply with this Policy:

 

First Violation: For a seller’s first violation, Pawz will notify the seller in writing of such failure.

Second Violation: For a seller’s second violation, Pawz will notify the seller in writing of such failure and will immediately place the seller’s account on shipping hold for thirty (30) days. Pawz will revoke its acceptance of any pending orders, cancel any pending shipments to the seller, and not accept any new orders from the seller during this 30-day period.

Third Violation: For a seller’s third violation, Pawz will notify the seller in writing of such failure and will immediately place the seller’s account on shipping hold for ninety (90) days. Pawz will revoke its acceptance of any pending orders, cancel any pending shipments to the seller, and not accept any new orders from the seller during this 90-day period.

Fourth Violation: For a seller’s fourth violation, Pawz will notify the seller in writing of such failure and will terminate its business relationship with the seller and revoke the seller’s “authorized” status. Pawz will revoke its acceptance of any pending orders and cancel any pending shipments to the seller.

 

We will enforce this Policy in our sole discretion and without notice. Sellers have no right to enforce this Policy.

9. Policy Administration

We may update, revise, suspend, or otherwise modify this Policy at any time in our discretion, and any modifications will be made available to all Sellers. Please note that our employees or agents cannot modify, interpret, or grant any exceptions to this Policy; cannot solicit or obtain the agreement of any person or entity to comply with this Policy; and cannot otherwise discuss any aspect of this Policy with any Seller, including any Seller’s compliance with the terms. Any questions about this Policy should be sent in writing to our MAP Policy Administrator at compliance@pawz.com. We will not accept any other form of communication from Sellers regarding this Policy.

 

 

 

 

Item Description Item No. UPC Code MAP
Tiny - Apple Green PZT 897515001000 $ 16.99
XX-Small - Yellow PZXX 897515001017 $ 16.99
X-Small - Orange PZXS 897515001024 $ 16.99
Small - Red PZS 897515001031 $ 16.99
Medium - Blue PZM 897515001048 $ 19.99
Large - Purple PZL 897515001055 $ 19.99
Tiny - Black PZBLKT 897515001147 $ 16.99
XX-Small - Black PZBLKXX 897515001154 $ 16.99
X-Small -Black PZBLKXS 897515001161 $ 16.99
Small - Black PZBLKS 897515001178 $ 16.99
Medium - Black PZBLKM 897515001185 $ 19.99
Large - Black PZBLKL 897515001192 $ 19.99
X-Large - Black PZBLKXL 897515001208 $ 19.99
X-Small - Olive PZ12XS 850047269218 $ 16.99
Small - Olive PZ12S 850047269195 $ 16.99
Medium - Olive PZ12M 850047269188 $ 19.99
Large - Olive PZ12L 850047269171 $ 19.99
X-Large - Olive PZ12XL 850047269201 $ 19.99
MaxWax 60g MaxWax60 897515001383 $ 11.95
MaxWax 200g MaxWax200 897515001376 $ 19.95
SaniPaw - 8 oz Spray Spray 897515001901 $ 11.99
SaniPaw - 60 count Wipes Wipes 897515001918 $ 11.99

 

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